Country |
Join Unions or workers' committees |
Change job or quit without employer’s permission |
Leave the country without the employer’s permission |
Minimum wage |
Labor law covers domestic workers |
A standard contract for all workers. |
Bahrain |
Yes |
After 1 year* |
Yes |
No |
In some cases, |
No |
Jordan |
Yes |
In some cases |
Yes |
Yes* |
Yes |
No |
Kuwait |
In some cases* |
After 3 years* |
Yes |
Yes |
No |
No |
Lebanon |
Yes* |
No |
Yes |
Yes* |
No |
No |
Oman |
Yes |
After 2 years |
Yes |
No |
No |
Yes |
Qatar |
In some cases* |
Yes |
In most cases |
Yes |
No |
No |
Saudi Arabia |
No |
After 1 year (2 years for domestic workers) |
Yes* |
No |
No |
Yes |
UAE |
Yes |
In some cases |
Yes |
No |
In some cases |
Yes |
Source: International Labor Organizations, U.S. State Department. *Excludes domestic workers
Critical Assessment of Reforms in the Kafala System: A Case Study of Qatar
Following Qatar's successful bid to host the 2022 FIFA World Cup in 2010, the government started building the Kalifa Stadium in Al Rayyan City, close to Doha. This newly constructed FIFA Cup stadium is part of the large “Aspire Zone” sports complex (Doha Sports City)[2], which ownership belongs to the Aspire Zone Foundation. The audience space of the stadium was so broad and luxurious that it was estimated to accommodate over 50,000 people. The Kafala enabled the regular employment of more than 1.6 million workers until 2016. A critical juncture occurred when the deaths of several migrant workers in the construction location led to evidence regarding disadvantages related to a century-old Kafala system in the public domain. Due to rigorous regulations and government monitoring, none of Qatar's indigenous media, academics, or human rights organisations have reported or broadcast on the problem of human rights abuses. It indicates that they would have instead been silent. In contrast, several foreign organisations, including Human Rights Watch and Amnesty International, spearheaded essential inquiries into the problem of human rights abuses committed by workers in Qatar. Since the stadium's construction began in 2010, 6,500 migrant workers have died, according to a Guardian newspaper article. Moreover, the team of experts from Amnesty International[3] visited the ground field to understand the working conditions of the workers at the Kalifa stadium. They recorded bites of hundreds of workers on sites, and they were all almost thrown out of their frustration about the Kafala system in front of the team. For example, Deepak, a metal worker at the Khalifa Stadium, told the team, “My life here is like a prison. The manager said: If you want to stay in Qatar, be quiet and keep working” (Amnesty International, 2016). International academic communities publicly celebrated various critical aspects of the Kafala by writing articles that witnessed significant attention from people across countries. There were mixed responses received to the incident; on one spectrum, the trends on social media spread with football fans in Germany and Norway, who were told their national team not to participate in the FIFA World Cup 2022 tournament. Unlike the local Qatari NGOs, local media depicted such ‘boycott calls’ for the FIFA World Cup as a “Western bias” against Qatar, especially in the foreign media coverage. However, several moderate comments also received from the experts or media familiar with the region generally did not support a boycott call but acknowledged the pressing need for reform in the Kafala system (Garret, Amanda, 2020: 202). Apart from the comments of various frequency, for the first time, on field investigation by Amnesty International spurred debates on the various loopholes in the Kafala system in the context of violating the fundamental rights of migrant workers and the implementation of a progressive international labour standards code for protecting workers' rights in Qatar and the Gulf (Amnesty International, 2016).
The political event of the Arab Uprising (2011) needs to be essentially considered in the context of sensitisation of people about protecting the human rights of the individual, including migrant workers. At that time, the region’s monarchies could save their authority under the burdens of various political promises in the future. Thus, as soon as Amnesty International raised critical human rights issues, the Qatar monarchy was already aware of the given political promises, so it seriously considered the litmus test to set reforms in the Kafala system. As a result, Qatar implemented a specific legislative provision in December 2016 that was consistent with the Kafala reform. For instance, regardless of whether the labour legislation covered them, all migrant workers were covered by the amendment to Qatar's law on expatriates' arrival, departure, and residence. Under this amendment, two significant decisions were taken; the first was a provision for the employer's requirement of a ‘No Objection Letter (NOC)’ to switch jobs or leave the country deleted. As long as they tell their employers to follow Labour Ministry rules within a specified notice period, migrant workers are free to change positions without permission from their employers at any point throughout their employment, including during their probationary period. According to the modification, the new employer must pay back the prior employer's hiring expenses but only up to two months' worth of the worker's base pay if the employee switches employment during the probationary term, which cannot be longer than six months. Additionally, in January 2017, Qatar implemented some significant amendments that included giving migrant workers who were not covered by the labour legislation the ability to leave the nation without authorisation from their employers. In 2018, the government granted this privilege to the majority of migrant workers but not to those employed in domestic work, agriculture, or oil and gas. Domestic workers must give their employers at least 72 hours' notice if they intend to leave. However, employers can still request exceptions for a select few employees. As a result, Qatar became the first nation in the Arab Gulf to permit all migrant workers (employees) to switch occupations prior to the expiration of their contracts without first requiring a "No Objection Certificate (NOC)" from their employer. One of the leading causes of discrimination in the Kafala system was the NOC criterion, which gave the Kafeel complete control over the workers' lives and thus allowed for exploitation (). In order to guarantee the superior protection of the rights of the migrant working class, Qatar and the International Labour Organization (ILO) signed a three-year technical cooperation program in 2017 to significantly alter the conditions of migrant workers, including the Kafala system. Consequently, it developed a new ‘contract-based’ labour recruitment model with greater flexibility in the recruitment process. Additionally, the modifications eliminated the requirement for approval from the Interior Ministry and the Labour Ministry for job change applications, which lacked a straightforward, transparent process with defined criteria. Nevertheless, the process suffers from various procedural constraints when migrant employees want to change their job profile. For example, if any worker wants to change jobs, then workers need to apply at the Labour Ministry. However, employees can now handle their job transfer on their own, and there is no fee associated with this process. The strong connection between the government institutions and Kafeel was found to create procedural flaws regarding job change applications. It created several challenges for the migrant workers when changing jobs or leaving the country. This means that jeopardised rules and regulations of the Kafeel are still governing job-changing criteria with the help of government officials (Bouri, Christina, 2023).
Secondly, Qatar set its minimum wage standard for migrant workers after Kuwait. In order to do this, the Labour Ministry set up a "National Minimum Wage Commission" to examine the amount at least once a year while considering the requirements of the workers and their families as well as economic issues like productivity, growth, and competitiveness. Nevertheless, the working class was not represented on this commission. According to Migrant-Rights.org, the food and lodging allowances are insufficient compared to global norms. To guarantee that the minimum wage is a "living wage" that allows employees and their families to enjoy the right to a respectable level of life, Qatar should ensure that authentic worker representation is included in its periodic assessment of the minimum wage. As long as employers are free to withhold, postpone, and deduct from migrant workers' earnings without facing repercussions, establishing a non-discriminatory basic minimum wage will not have much of an impact on them. Establishing efficient wage protection mechanisms and enforcing consistent penalties for noncompliance are the only ways to combat wage abuse. The former temporary minimum salary of 750 QAR ($205) would be replaced by a bare minimum wage of 1,000 QAR ($274) for all workers, regardless of nationality or industry (domestic and manufacturing), following new criteria in Qatar. The new law requires employers to give allowances of 300 QAR ($82) for food and 500 QAR ($137) for lodging if they do not provide these services. Accordingly, the minimum salary should be increased to 1,800 QAR ($494) (Human Rights Watch, 2020).
Third, the labour legislation was amended in Qatar to impose harsher sanctions on businesses that do not pay their employees' wages. In order to give employees a quicker and simpler way to file complaints against their employers, it significantly expanded the number of labour dispute settlement bodies. These actions are necessary, but they fall short in addressing pay abuse. According to a recent Human Rights Watch report on wage abuse, employers in Qatar often breach workers' rights to salaries, and attempts to address the issue have mostly failed (Human Rights Watch, 2020).
Qatar monarchy government said, “These new legislative changes will ensure workers’ rights according to international labour standards” (BBC News Staff, 2016). Human Rights Watch's Deputy Middle East Director Michael Page expressed optimism when he said, “Qatar’s new labour reforms are some of the most significant to date and could, if carried out effectively, considerably improve migrant workers’ living and work conditions” (Human Rights Watch, 2020). Amnesty International’s James Lynch critically assessed the Kafala reforms in the light of the ground-political circumstances in Qatar and argued that “the measures would not lead to significant changes reality, instead of getting rid of the word ‘sponsorship’” (BBC News Staff, 2016). However, on January 4, 2017, the monarchy abolished Law No. 1, associated with the ‘No Objection Letter’. By that, the previous system of compulsion of the ‘Exit Permits’, i.e., the NOC from the employer to leave the country by ending working contracts or any other circumstances, was reinstated. In practice, it was observed that changing jobs for many migrant workers still requires the cooperation of the original employers. Furthermore, the process appears bureaucratically burdensome. The reforms in Qatar are the most advanced, but their implementation is still challenging. Since these reforms were implemented in September 2020, around 350,000 workers have approved their applications to change jobs, which is a significant number. The most recent change to Qatar's foreign worker sponsorship regulations, Ministerial Decision No. 95, was formally declared to go into effect on January 16, 2020, by the Ministry of the Interior (Migrant Rights Org, 2023).
Although the World Cup was thought to be the cutoff date for reforming Qatar's Kafala system, the truth is that it will probably take many more years. The challenge of entirely undoing Kafala reform on the ground is one that foreign analysts frequently overlook. International attention was drawn to Qatar's kafala labour system when it hosted the 2022 World Cup. Football stadium building in the nation depends on the labour of migrant workers, most of whom are from South Asia and frequently endure hazardous working conditions and low pay. The worldwide push to host the tournament is responsible mainly for Qatar's recent reform rate, even though the kafala system existed before the World Cup and is common throughout the GCC. The flagship Khafala Stadium is being renovated, and the surrounding gardens and sports facilities, known as the "Aspire Zone," are being landscaped by migrants from Bangladesh, India, and Nepal. These migrants are being taken advantage of. Some people are being forced to perform forced labour. They frequently wait months to get paid, cannot change occupations, and are not allowed to leave the country (Nguyen, Ngoc, 2021).
On the eve of the 28th Annual United Nations Climate Change Conference (COP28) in Dubai on November 30, 2023, concerns about workers' rights emerged. Concerns regarding the indictment of the Kafala despite improvements were raised by Human Rights Watch's revelation that the UAE monarchy has cracked down on fundamental human rights, especially freedom of expression, assembly, and association. Human Rights Watch said, “Serious mistreatment of migrant labour was also connected to the COP28 locations. They provided documentation of labour abuses committed against the workers who constructed Expo City Dubai, the site of the COP28 negotiations. These abuses included discrimination, unlawful recruitment fees, non-payment of wages, and passport retention. Employers have also subjected COP28 sites to excessive heat by requiring them to work during the summer noon work ban, a government regulation that forbids explicitly working outside between 12.30 and 3 p.m. from mid-June to mid-September. (Human Rights Watch, 2023).
Conclusion
The Kafala (Sponsorship) system has evolved under certain demographic circumstances in the Gulf countries, including Jordan and Lebanon, to essentially manage the ‘demand-supply’ of the workforce coming from the developing region of Asia and Africa. Over a century, this legitimised system has been fully embedded into the economic structure of the Gulf monarchies. However, it has suffered from several structural disadvantages fundamentally associated with the dominance of the Kafeel (recruitment agent or agency) in recruiting migrant workers. In light of the Arab Uprising, the structural disadvantages aligned with the Kafala system were highly debated within the circle of the international academic community. As a result, Qatar emerged as the first country to take specific initiatives to reform the Kafala system in late 2016, with high hopes of addressing issues of workers' rights. Moreover, other countries in the region have also taken similar initiatives. In a period, it has been observed that the reforms have not been genuinely reflected on grounds due to the continuation of the prominence of Kafeel in the recruitment of migrant workers. Over time, the Qatari bureaucracy developed a strong relationship with the Kafeel; it became very unfeasible for the bureaucracy to change the entire course of the recruitment structure. It is the primary reason for the inability to realise the reforms. This means that the bureaucracy has appeared unwilling to change its attitude, leading to maintaining the dominance of the Kafeel despite reforms. As a result, millions of migrants are still facing several problems related to human rights violations, comparatively less severe than in earlier periods. So, these reforms have not failed; specific positive changes have been found concerning labour working conditions, such as wages, working hours, accommodation, etc. Now, different international human rights groups and media are continuously paying attention towards the emerging issues related to migrant workers in the Gulf. Under these pressures, the Gulf monarchies and the Kafeel have also become conscious towards migrant workers' working conditions. Nevertheless, many things need to be changed concerning the dominance of the Kafeel in recruiting migrant workers, workers-related laws, working conditions, etc.
[1] An ILO convention that establishes labor standards for domestic workers is the Convention on Domestic Workers, also known as the Convention Decent Work for Domestic Workers. Adopted on June 16, 2011, during the 100th session of the International Labor Organization, it became operative on September 5, 2013. The first international norms for domestic workers are established by this historic convention. For further information, find the link Convention C189 - Domestic Workers Convention, 2011 (No. 189).
[2] The 250-hectare (2.5 km³) Aspire Zone, commonly called Doha Sports City, is a sports complex situated in the Baaya neighborhood of Al Rayyan, a suburb of Doha, Qatar. It was founded as an international sports destination in 2003 and opened as an educational center for the development of sporting champions (Aspire Academy) the following year. It is owned by the Aspire Zone Foundation. A number of athletic facilities are housed within the complex, most of which were built in anticipation of the 2006 Asian Games.
[3]With its main office located in the United Kingdom, Amnesty International, usually known as Amnesty or AI, is a global non-governmental organization dedicated to human rights. Globally, it boasts over 10 million members and supporters. See: Amnesty International.
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